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- KOBAYASHI Hiroshi
- 東京理科大学
Bibliographic Information
- Other Title
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- ホッブズの哲学における権利と法
- ホッブス ノ テツガク ニ オケル ケンリ ト ホウ
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Description
In his The Elements of Law, De Cive, and Leviathan, Thomas Hobbes says that the English common lawyers in the seventeenth century confused lex with jus, law with right. He emphasizes that "Right, consisteth in liberty to do, or to forbear; whereas Law, determinth, and bindeth to one of them." (Leviathan,117) In brief, he regards right as liberty, or the absence of obligation and law as restraint, or the imposition of obligation. And he insists on a sharp distinction between right and law, and that right is priority of law. Hobbes's distinction between right and law is criticized by many commentators. For example, Richard Peters criticizes the word right Hobbes says for "a strange use." On the other hand, Leo Strauss admits the comment that Hobbes subordinates law to right. And Richard Tuck follows Strauss. Which comments are true? This is one of my subjects, though it is very difficult to solve. I dealt with this subject by Hobbes's method and his linguistic theory in De Corpore. And I reached the conclusion that the comment of Strauss is more proper than that of R. Peters.
Journal
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- Eibeibunka: Studies in English Language, Literature and Culture
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Eibeibunka: Studies in English Language, Literature and Culture 37 (0), 43-59, 2007
The Society of English Studies
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Details 詳細情報について
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- CRID
- 1390282680804947328
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- NII Article ID
- 110006248144
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- NII Book ID
- AN1038003X
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- ISSN
- 24242381
- 09173536
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- NDL BIB ID
- 8795129
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- Text Lang
- ja
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- Data Source
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- JaLC
- NDL
- CiNii Articles
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- Abstract License Flag
- Disallowed